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Arthur T Knackerbracket has found the following story:
An Indiana man may beat a drug prosecution after the state's highest court threw out a search warrant against him late last week. The search warrant was based on the idea that the man had "stolen" a GPS tracking device belonging to the government. But Indiana's Supreme Court concluded that he'd done no such thing—and the cops should have known it.
Last November, we wrote about the case of Derek Heuring, an Indiana man the Warrick County Sheriff's Office suspected of selling meth. Authorities got a warrant to put a GPS tracker on Heuring's car, getting a stream of data on his location for six days. But then the data stopped.
Officers suspected Heuring had discovered and removed the tracking device. After waiting for a few more days, they got a warrant to search his home and a barn belonging to his father. They argued the disappearance of the tracking device was evidence that Heuring had stolen it.
During their search, police found the tracking device and some methamphetamine. They charged Heuring with drug-related crimes as well as theft of the GPS device.
But at trial, Heuring's lawyers argued that the warrant to search the home and barn had been illegal. An application for a search warrant must provide probable cause to believe a crime was committed. But removing a small, unmarked object from your personal vehicle is no crime at all, Heuring's lawyers argued. Heuring had no way of knowing what the device was or who it belonged to—and certainly no obligation to leave the device on his vehicle.
An Indiana appeals court ruled against Heuring last year. But Indiana's Supreme Court seemed more sympathetic to Heuring's case during oral arguments last November.
"I'm really struggling with how is that theft," said Justice Steven David during November's oral arguments.
The appeals court[*] decision is available online as a pdf.
Also at: Washington Post and The Indiana Lawyer.
[*] Updated at 2020-02-26 01:16:51 UTC. Previously, this link suggested it was to the decision by the Indiana Supreme Court. This was, in fact, a link to the decision from the Indiana Appeals Court. We regret the error.
(Score: 2) by JoeMerchant on Tuesday February 25 2020, @11:18PM (6 children)
Luckily, beat cops don't have access to the kill switches, yet.
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(Score: 3, Touché) by fustakrakich on Tuesday February 25 2020, @11:23PM
They do, but the range is very limited, and they make a great deal of noise.
La politica e i criminali sono la stessa cosa..
(Score: 2) by DannyB on Wednesday February 26 2020, @04:17PM (4 children)
But they do have night sticks and clubs?
Why are they called "beat" cops anyway? I've always wondered.
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(Score: 2) by All Your Lawn Are Belong To Us on Wednesday February 26 2020, @06:08PM (3 children)
Purest speculation from the word origin tracing beat beatan to the Dutch bitjen (bite) into a proto-Indo-European "to split"
It was splitting up an area (like a city) into regions (think whipped separation). Each had their sectored ('split/bitten/separated') area to patrol.
They also had to be at places at times to link up with supervisors and after the telephone to receive calls for service on a rhythmic basis. (follow a rhythmic pattern with timing).
Of the two guesses I think that splitting up the areas to patrol is probably closer.
This sig for rent.
(Score: 2) by JoeMerchant on Wednesday February 26 2020, @07:02PM
Old TV shows and movies often depicted cops "walking the beat." Regardless of the true origin, the double-entendre with beatings doubtless contributed to the popularization of the term in certain circles.
🌻🌻 [google.com]
(Score: 2) by DannyB on Wednesday February 26 2020, @07:28PM (1 child)
Splitting heads open could be another interpretation. You have to consider what is the more likely and credible interpretation.
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(Score: 2) by All Your Lawn Are Belong To Us on Wednesday February 26 2020, @10:10PM
Well you can't break some eggs without beating them into an omelet, either. Maybe the police always had eggs for breakfast.
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